Episode 50: Ariel Katz on the Long-Awaited York University v. Access Copyright Ruling

October 28, 2021 00:34:59
Episode 50: Ariel Katz on the Long-Awaited York University v. Access Copyright Ruling
Law Bytes
Episode 50: Ariel Katz on the Long-Awaited York University v. Access Copyright Ruling

Oct 28 2021 | 00:34:59

/

Show Notes

The Federal Court of Appeal delivered its long-awaited copyright ruling in the York University v. Access Copyright case last month. This latest decision effectively confirms that educational institutions can opt-out of the Access Copyright licence since it is not mandatory and that any claims of infringement will be left to copyright owners to address, not Access Copyright. The decision is a big win for York University and the education community though they were not left completely happy with the outcome given the court’s fair dealing analysis.

The decision also represents a major validation for University of Toronto law professor Ariel Katz, whose research and publications, which made the convincing case that a ‘mandatory tariff’ lacks any basis in law”, was directly acknowledged by the court and played a huge role in its analysis. Professor Katz joins me on the podcast this week to talk about the case, the role of collective licensing in copyright law, and what might come next for a case that may force Access Copyright to rethink the value proposition of its licence.

The podcast can be downloaded here and is embedded below. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod.

Show Notes:

Spectre: Canadian Copyright and the Mandatory Tariff – Part I

Credits:

Standing Committee on Industry, Science and Technology, May 24, 2018

Other Episodes

Episode 0

October 28, 2021 00:34:15
Episode Cover

Episode 89: A Special Episode on Debating Bill C-10 at the Canadian Heritage Committee

With yesterday’s Standing Committee on Canadian Heritage meeting with experts on Bill C-10 and its implications for freedom of expression, this is a special...

Listen

Episode

February 06, 2023 00:28:43
Episode Cover

Episode 155: Mark Swartz on the Harm Caused by Canada’s Copyright Term Extension

Many Canadians started the new year with an unwelcome surprise as they learned that Canada had extended the term of copyright by additional 20...

Listen

Episode 0

November 21, 2022 00:34:48
Episode Cover

Episode 147: Canada’s Battle over Internet Streamers - A Cancon Story of Freedom of Expression, Algorithms and Cultural Policy

The end for Bill C-11 at the Senate is drawing near as this week, Canadian Heritage Minister Pablo Rodriguez is scheduled to make a...

Listen